Statement

Agenda Item 5
Review of progress in the elaboration of a comprehensive and integral
international convention on the protection and promotion of the rights
and dignity of persons with disabilities

SECOND SESSION OF THE AD HOC COMMITTEE ON A
COMPREHENSIVE AND INTEGRAL INTERNATIONAL CONVENTION ON PROTECTION AND
PROMOTION OF THE RIGHTS OF PERSONS WITH DISABILITIES
New York, 16 to 27 June 2003

Australian Delegation

Mr Chairman

As a nation, Australia has a long standing commitment to promoting and
protecting the human rights of, and equal opportunities for, people with
disabilities.

Domestically, we have a world class regimen of legislation, policies,
programs and services to maximise the participation in the wider community
of people with disabilities. Internationally, we have had long-standing
involvement with significant processes promoting the rights of people with
disabilities.

Australia is committed to participating actively in the work of the Ad
Hoc Committee in its consideration of proposals for an effective and
efficient international instrument to promote and protect the rights and
dignity of people with disabilities.

Australia believes that it is vital that people with disabilities
themselves are an active part of this important process - both
domestically and at the international level. Australia is pleased to
include in its delegation members with disabilities - members of
Australia's Human Rights and Equal Opportunity Commission and of the
Australian disability community.

Australia believes that full and informed participation by member
States in this process presents an ideal opportunity to ensure the most
effective and appropriate protection for people with disabilities.

Australia believes that there are several fundamental principles which
should be borne in mind by delegates and the Ad Hoc Committee in
considering any proposals for the development of a new instrument.

In Australia, significant work has been undertaken towards ensuring
that people with disabilities are empowered as much as possible to
participate in the wider community and to access mainstream policies,
programs and services. We have made significant advances in recent years
towards creating and sustaining an environment which is broadly accessible
to people with disabilities.

Consistent with this inclusive approach, Australia believes that
specific efforts should be made to ensure that existing human rights
protection provided to people with disabilities is fully recognised and
clarified.

Australia is firmly of the view that any new instrument should not
duplicate existing human rights protection found in other instruments.

Rather, our negotiations and discussions here in New York should seek
ways to clarify the extent to which the rights and dignity of people with
disabilities are promoted and protected in existing instruments and to
seek to close identified gaps.

Accordingly, Australia believes that an important aspect of this
Committee's work is an assessment of existing human rights instruments to
determine to what extent they defend the rights and dignity of people with
disabilities in an integrated and comprehensive manner.

This Committee has an important opportunity to identify proposals that
will advance the position of people with disabilities and address the
significant disadvantages that they too often face. In doing so, Australia
believes the Committee must consider carefully what form of instrument
will best achieve these objectives.

Australia believes resolutely that any new instrument should be both
effective and efficient.

It may be the case that, rather than a free-standing new convention, a
protocol or annex to one of the existing core human rights treaties would
provide more effective protection.

This could be an effective way to 'close gaps' in existing instruments
and would avoid the duplication of existing rights and a proliferation of
additional reporting mechanisms.

For maximum efficiency, any treaty body involvement under a new
instrument must embody best practice principles, incorporating, for
example, streamlined reporting requirements and improved rules of
procedure.

This is an important opportunity for States to develop an appropriate
and effective framework for the protection and promotion of the rights and
dignity of people with disabilities. Australia looks forward to advancing
these important matters through constructive and balanced dialogue.